Disclaimer (patent)
In patent law, a disclaimer are words identifying, in a claim, subject-matter that is not claimed.[1] By extension, a disclaimer may also mean the action of introduction a negative limitation in a claim, i.e. "an amendment to a claim resulting in the incorporation therein of a "negative" technical feature, typically excluding from a general feature specific embodiments or areas".[2] The allowability of disclaimers is subject to particular conditions, which may vary widely from one jurisdiction to another.
See also
- Amendments under the European Patent Convention (EPC) (with a section dedicated to disclaimers under the EPC: Amendments under the European Patent Convention#Disclaimers)
- Prosecution disclaimer (United States patent law)
Further reading
- European patent law (European Patent Office):
- Guidelines for Examination in the EPO, section f.iv.4.20 : "Negative limitations (e.g. disclaimers)"
- Guidelines for Examination in the EPO, section h.v.4 : "Disclaimers not disclosed in the application as originally filed"
- Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (sixth edition 2010), iii.a.4 : Amendments, disclaimers
- Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (sixth edition 2010), i.d.8.14 : Inventive step, disclaimer
- Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (sixth edition 2010), ii.b.1.2.1 : Clarity, disclaimers
- Patentability of Negative Limitations at the USPTO MPEP 2173.05(i) Negative Limitations - 2100 Patentability
Notes
- ^ Decision G 2/10 of the Enlarged Board of Appeal of the European Patent Office, August 30, 2011, Reasons for the decision, point 2.1.
- ^ Decision G 2/10, August 30, 2011, Reasons for the decision, point 2.2.
